Law Commons^™

Recovering Lost Profits In International Disputes, John Gotanda

John Y Gotanda

Claims for lost profits in international disputes often involve millions of dollars. Because national laws on the awarding of lost profits are typically vague and determining the amount of lost profits that a claimant is owed often requires a tribunal to examine complex economic and financial data, these claims raise arguably the most complicated issues for a tribunal deciding a transnational contract dispute. This has resulted in awards of lost profits that seem inconsistent or arbitrary. This article thoroughly examines the awarding of future lost profit damages in transnational contact disputes. It contains a comparative study of laws on the …

Os Embargos De Retenção Por Benfeitorias Nas Ações Executivas 'Lato Sensu', Nelson Rodrigues Netto

Nelson Rodrigues Netto

No abstract provided.

Punitive Damages: A Comparative Analysis, John Gotanda

John Y Gotanda

In light of expanding international trade, it is increasingly likely that politicians, courts and tribunals will wrestle with whether punitive damages are appropriate in transnational disputes, and whether countries that traditionally do no allow exemplary relief should recognize and enforce foreign awards of such damages. Furthermore, by seeing how different systems address these problems, we can gain a deeper understanding of the role of punitive damages in our own legal system and be better able to deal with punitive damages issues in the international arena. This Article undertakes a thorough comparative study of punitive damages in common law countries. It …

Let's Get A Vision: Drafting Effective Arbitration Agreements In Employment And Effecting Other Safeguards To Insure Equal Access To Justice (With M. Burger), Laurie Leader

Laurie E. Leader

No abstract provided.

Mediating Probate Disputes: A Study Of Court Sponsored Programs, Ray Madoff

Ray D. Madoff

This Article examines six court-sponsored programs designed to encourage the use of mediation to resolve probate disputes in five jurisdictions: Texas, Florida, Georgia, California (Los Angeles and San Francisco), and Hawaii. Some of the programs are part of larger state-run programs designed to encourage the mediation of a variety of disputes, but all were studied in terms of their specific application to probate disputes. In discussing each of the programs, this article focuses on the extent to which courts and practitioners either have addressed or proven false the suggested impediments to the use of mediation in resolving probate disputes.

Part …

The Foggy Road For Evaluating Punitive Damages: Lifting The Haze From The Bmw/State Farm Guideposts, Steven Chanenson, John Gotanda

John Y Gotanda

In light of increasing punitive damages awards, the United States Supreme Court formulated criteria for evaluating whether a punitive damages award is so unreasonably large that it violates substantive due process. Unfortunately, these "guideposts," which were first erected in BMW v. Gore and applied last term in State Farm v. Campbell, are difficult to use and have resulted in inconsistent decisions. Indeed, Justice Scalia stated that they "mark a road to nowhere." The authors argue that the problems with the guideposts can be fixed by refining the third guidepost, which compares the punitive damages award to the criminal (or civil) …

Adr And The 'Vanishing Trial': The Growth And Impact Of 'Alternative Dispute Resolution', Thomas J. Stipanowich

Thomas J. Stipanowich

In the past quarter-century, significant changes have occurred in the ways lawyers approach conflict. There have been unprecedented efforts to develop strategies aimed at more efficient, less costly, and more satisfying resolution of conflict, including more extensive and appropriate use of mediation and other “alternative dispute resolution” (ADR) approaches. This study examines what we know and do not know about the growth and impact of ADR in federal and state courts, in the business sector, and in employment and consumer settings. The analysis examines the relationship between ADR and court trial, but also underlines the broader uses of and rationale …

Reexamining Arbitral Immunity In An Age Of Mandatory And Professional Arbitration, Maureen A. Weston Prof.

Maureen A Weston

In the past ten to twenty years, the use of arbitration as a form of private dispute resolution has proliferated as a result of mandatory predispute and form arbitration contracts between corporate entities and their customers, patients, or employees. This increase has spawned a market for professional private arbitrators and an industry of private businesses that provide arbitration support and administrative services (provider institutions). Under the doctrine of arbitral immunity, both arbitrators and provider institutions are immune from civil liability. The result of this immunity, however, is that parties injured by arbitral misconduct have limited recourse and no effective remedy. …